2016 (11) TMI 1289

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..... r Section 11-AB can be levied in view of Explanation-1 of the said Sub-Section (2B) of Section 11-A, where duty has been deposited before issue of show cause notice? - Held that: - We find that there is a consensus in various High Courts as also various Benches of High Courts that if disputed duty is paid by an assessee before a show-cause-notice proposing penalty under Section 11-AC and interest .....

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..... l question of law is answered against Revenue and in favor of assessee - appeal disposed off.
Sudhir Agarwal And Kaushal Jayendra Thaker, JJ. K.C. Sinha, S. Chopra and Subodh Kumar for the Appellants. M.H. Patil, Rajiv Joshi and S.P. Kesarwani for the Respondents. ORDER 1. Heard Sri Praveen Kumar, learned Counsel for the appellant, and Sri Rajiv Joshi for the respondent. 2. This appeal was .....

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..... us in various High Courts as also various Benches of High Courts that if disputed duty is paid by an assessee before a show-cause-notice proposing penalty under Section 11-AC and interest under Section 11-AB is issued, this would show that there was no question of any fraud, misrepresentation or suppression of fact hence penalty and interest should not be levied. In Rashtriya Ispat Nigam Ltd. Vs. .....

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..... bove position and also neither could place any other authority taking a different view so as to persuade us to take a different view nor could advance any other argument justifying penalty and interest under aforesaid provision even when the assessee admitting disputed liability, has deposited the same even before issuing of a show-cause-notice under the aforesaid provision. 6. In view of above, .....

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